Participation in armed conflict or violent actions outside of their civil obligations
Mercenary activity is a crime under the legislation of the Republic of Kazakhstan and a number of international treaties. It is considered a serious crime against the constitutional order and State security.
A mercenary is a person specially recruited to participate in an armed conflict or violent actions outside of their civil obligations or without official participation in the armed forces of a State. It acts solely for the purpose of obtaining material remuneration or other personal benefit.
Paragraph 15 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines a mercenary as a person recruited to participate in an armed conflict, military operations or violent actions with the aim of overthrowing the constitutional order or violating the territorial integrity of the State. This paragraph highlights the key criteria of mercenary activity:
1. Recruitment: A mercenary is a person specially hired or recruited to participate in combat or violent actions.
2. Purpose of participation: A person acts for the purpose of obtaining material remuneration or other benefits.
3. Lack of citizenship or military affiliation: The mercenary is not a citizen of the State involved in the conflict and is not part of its armed forces.
1. The Constitution of the Republic of Kazakhstan:
- Article 2 of the Constitution establishes the inviolability of the territorial integrity of Kazakhstan, which reflects the desire of the State to protect its integrity from external and internal threats, including through the prevention of mercenary activities.
2. The Law of the Republic of Kazakhstan "On countering Extremism":
- Article 3 of this law refers to the prevention and combating of actions aimed at undermining the constitutional order and territorial integrity of the State, which is directly related to what mercenaries are doing.
3. The Law of the Republic of Kazakhstan "On Countering Terrorism":
- Article 5 establishes measures to prevent citizens from participating in terrorist or violent acts abroad, which may also apply to mercenaries, since their actions often fall under the definition of terrorism.
Regulatory decisions of the Supreme Court of the Republic of Kazakhstan
Normative resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 No. 1. "On the qualification of certain criminal offenses against human life and health"
Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No. 2 On Certain Issues of Application by Courts of Legislation on Liability for Banditry and Other Criminal Offenses Committed in Complicity.
REGULATORY RESOLUTION No. 11 of the SUPREME COURT of THE REPUBLIC OF KAZAKHSTAN dated December 8, 2017 On Certain Issues of Judicial Practice on the Application of Legislation on terrorist and extremist crimes.
The normative resolution of the Supreme Court clarifies crimes aimed at undermining State security, including those related to mercenary activities. This resolution states the need for strict compliance with the norms of the Criminal Code in the qualification of acts related to the violation of territorial integrity and the constitutional order.
Criminal articles related to mercenary activities
1. Article 170 of the Criminal Code of the Republic of Kazakhstan ("Mercenary activity"):
- This article specifically provides for the punishment of mercenary activities, including the recruitment, training or financing of mercenaries, as well as their participation in armed conflict.
- Crimes related to mercenary activities are considered serious violations aimed at undermining State security and fall under the jurisdiction of bodies dealing with national security issues.
2. Article 179 of the Criminal Code of the Republic of Kazakhstan ("Propaganda or public calls for the seizure or retention of power, as well as the seizure or retention of power or forcible change of the constitutional order of the Republic of Kazakhstan"):
- These actions may be related to mercenary activities, when the purpose of violent actions is to overthrow the government or violate the borders of the state.
Thus, mercenary activity in the context of Kazakh legislation is considered as a crime aimed at undermining national security, and severe penalties are provided for this, enshrined in a number of criminal articles and special laws.
International obligations
Mercenary activities are also prohibited and condemned internationally. According to:
· Additional Protocol I to the Geneva Conventions of August 12, 1949 (article 47),
· The UN International Convention against the Recruitment, Use, Financing and Training of Mercenaries of 1989,
Mercenaries are not entitled to combatant or prisoner of war status, and their participation in armed conflicts is illegal.
Example:
Mercenaries can be used to destabilize States, overthrow Governments, or violate territorial integrity. These actions threaten international security and violate the sovereignty of States.
Thus, participation in mercenary activities is a serious crime, for which criminal punishment is provided both in Kazakhstan and in international legal systems.
Attention!
The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in legal advice, drafting any legal document that is suitable for your situation.
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